FREEDOM OF SPEECH

The 11th High Criminal Court in Ankara has decided to wait for a response from the Turkish Grand National Assembly (TBMM) before hearing the statements of three members of the pro-Kurdish Democratic Society Party (DTP). This means an adjournment of the case till 29 September.

DTP co-chairs Ahmet Türk and Emine Ayna and Diyarbakır deputy Selahattin Demirtaş have been prosecuted because of speeches they have made.

Now the court claims that the defendants are constantly travelling and that their secretaries have been notified. In order to wait for the TBMM's response to the case, the court has put the trial on hold for four months.

Demirtaş's attorney Meral Danış Beştaş objected to this response, and Ahmet Türk has also called on the Ministry of Justice to put an end to this "lawlessness."

With considerable delay, the Diyarbakır 5^th Heavy Penal Court handed down a one year and three month sentence to Demirtaş because of remarks he had made on Roj TV in July 2005.

Furthermore, on the demand of the Istanbul 9^th Heavy Penal Court and the 8^th Adana Heavy Penal Court the currently involved Ankara court wants to take depositions of Türk and Ayna.

Supreme Court of Appeals: Lift Immunity

Demirtaş faces prosecution because he referred to imprisoned PKK leader Abdullah Öcalan in the Roj TV broadcast, saying that his isolation needed to be reconsidered and that a sensitive approach by the government and the military could bring casualties on both the military and the PKK sides to an end.

The conviction was brought to the Supreme Court of Appeals when both Demirtaş and the prosecutor filed an appeal. The Supreme Court's 9th Penal Chamber overruled the decision in April 2008.

According to the Supreme Court, Demirtaş should have been tried under Article 7/2 of the Anti-Terrorism Law for "spreading propaganda for a terrorist organisation", rather than under Article 220/8 of the Turkish Penal Code. The Supreme Court further ruled that Demirtaş should not be protected by his parliamentarian immunity.

Court expects defence from TMY

Now the local court wants the Ankara 11^th Heavy Penal Court to hear Demirtaş's additional defence. The trial in Diyarbakır is to be continued on 23 June.

Attorney Beştaş told bianet that her client Demirtaş is being tried for voicing the thoughts of many people. She pleaded for peace and an end to violence and emphasized that there must not be exceptions in lifting immunity for MPs.

She pointed out the fact that in this case it was more important who was speaking than what was actually said. Her client was being accused of targeting the indivisible unity of the nation and its people, but this accusation did not correspond with national or international standards, so Beştaş.

"Ministry should find a solution"

Türk once more explained why the defendants are not going to testify.

"They want to try us by bending the constitution and the law. As a matter of fact this is not only a legal but also a political decision. The local court legally decides that I cannot be tried. Yet the Ministry of Justice applies to the Court of Appeals. So which ruling is independent? The decision about our case is a political one. It is primary the duty of the Ministry of Justice to correct this lawlessness."

Finally the TBMM Presidency informed the court that the DTP MPs were difficult to reach since they are continuously travelling, so court notifications have been passed to their secretaries. (EÖ/VK/AG)